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Search Results for: academic freedom

Academic Freedom and the Law

29 November, 2010
| 1 Comment
| Academic Freedom, Freedom of Expression

Academic Freedom book cover, via Hart websiteHart Publishing have just published Academic Freedom and the Law: A Comparative Study (cover left) by Eric Barendt:

Academic Freedom and the Law: A Comparative Study provides a critical analysis of the law relating to academic freedom in three major jurisdictions: the United Kingdom, Germany and the United States. The book outlines the various claims which may be made to academic freedom by individual university teachers and by universities and other higher education institutions, and it examines the justifications which have been put forward for these claims. Three separate chapters deal with the legal principles of academic freedom in the UK, Germany, and the USA. A further chapter is devoted to the restrictions on freedom of research which may be imposed by the regulation of clinical trials, by intellectual property laws, and by the terms of contracts made between researchers and the companies sponsoring medical and other research. The book also examines the impact of recent terrorism laws on the teaching and research freedom of academics, and it discusses their freedom to speak about general political and social topics unrelated to their work.

This is the first comparative study of a subject of fundamental importance to all academics and others working in universities.

…

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Student challenges to degree classification, and examiners’ academic freedom – redux

23 September, 201017 September, 2020
| 9 Comments
| Academic Freedom, Academic judgment, Andrew Croskery, Contract, Grading and Marking, Litigation, Universities

St Cross Building, Oxford, which houses the Faculty of Law, University of Oxford, via their websiteNo sooner had I published yesterday’s post on student challenges to degree classification, and examiners’ academic freedom, than Afua Hirsh blogged that it’s not just law students who are learning how to sue. Against the background of the QUB case which I discussed in that post, she gave many other examples of cases in which students sued their universities because they had performed poorly in their degrees. (Indeed, yet another may be brewing here). In many of the cases Afua discusses, the students were successful in their claims. But probably the most important case she discusses concerned a Belgian DPhil student who claimed £3m from Oxford University for failing his thesis. George Van Mellaert complained about the examiners and about the university’s procedures. Unlike many of the other cases to which Afua referred, this case did not have a happy outcome for the student. As she said:

The court was less impressed with this claim, stating that “the claimant’s thesis is a matter of academic judgment with which it would be inappropriate for the court to interfere”.

Almost as soon as I had finished reading her article, I received an email from Martin George, with the full text of the decision in George van Mellaert v Oxford University [2006] EWHC 1565 (QB) (29 June 2006).…

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Student challenges to degree classification, and examiners’ academic freedom

22 September, 201017 September, 2020
| 9 Comments
| Academic Freedom, Academic judgment, Andrew Croskery, Contract, Grading and Marking, Litigation, Universities

NI Science ParkSome time ago, I blogged about the question of whether a low mark is a breach of contract. A little while ago, in a gallimaufry (omnibus) post, I briefly returned to this issue. The context was a US case, Keefe v New York Law School (17 November 2009) [update: 25 Misc 3d 1228(A) (2009) aff’d 71 AD3d 569 (2010)], but now it seems that the issue has arisen rather closer to home. Yesterday’s Irish Times tells the story:

Graduate takes university to court over degree results

A Queen’s University [Belfast] graduate yesterday launched a High Court challenge to his degree classification. In one of the first cases of its kind, Andrew Croskery has brought judicial review proceedings over his lower second-class honours classification.

Mr Croskery, from Co Down, claims if he had received better supervision he would have instead obtained an upper second-class in his electrical engineering degree.

Read more here.

There is similar coverage on the BBC and UTV; in the Belfast Telegraph, Cherwell, the Guardian (also here, on the Human Rights in Ireland blog), and the Mirror; and commentary on the Cantakerous, Gullibility, and Learning Architecture blogs.…

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Academic Freedom in the Universities Act, 1997

24 May, 201024 May, 2010
| 6 Comments
| Academic Freedom, Censorship, Freedom of Expression, General, Universities

Academics for Academic Freedom logo, via their siteI’m sorry not to have been able to acknowledge the celebration of AFAF‘s International Academic Freedom Day on the day itself by a wonderful blog carnival on the right to learn, ably convened by Deirdre Duffy, and hosted by the ever-wondrous Human Rights in Ireland blog. I’ve blogged on academic freedom on many previous occasions (see especially here and here), and I’d like here look at some of the Irish legal aspects of the issue.

Section 14(1) of the Universities Act, 1997 (also here) provides that Irish universities have “the right and responsibility to preserve and promote the traditional principles of academic freedom” in the conduct of their internal and external affairs, and that they are entitled to regulate their affairs in accordance with their “independent ethos and traditions and the traditional principles of academic freedom”. This is an important guarantee of institutional autonomy, and is a sine qua non for the right of academics to teach, research, publish and participate in public debate without fear of retribution from their institutions. That right is secured by section 14(2) of the Act, which provides:

A member of the academic staff of a university shall have the freedom, within the law, in his or her teaching, research and any other activities either in or outside the university, to question and test received wisdom, to put forward new ideas and to state controversial or unpopular opinions and shall not be disadvantaged, or subject to less favourable treatment by the university, for the exercise of that freedom.

…

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Academic freedom and DNA privacy

10 September, 200910 September, 2009
| 3 Comments
| Academic Freedom, Privacy

DNA, via BBCProfessor Sir Alec Jeffreys, the scientist behind DNA fingerprinting, in a BBC interview to mark the 25th anniversary of that discovery, has spoken of the importance of allowing academics freedom to research. He said that academics should be able to pursue “unfettered, fundamental, curiosity-driven” research of the kind which led to his discovery. It is an important defence not only of academic freedom but also of traditional research methodology in the face of increasingly dirigiste institutional, sectoral and national research strategies.

Equally important – though more newsworthy – is his call, in the same interview, for a change to the UK’s law governing DNA databases. In that interview, he said that “innocent people do not belong on that database”, and he renewed his calls for the UK government to change the law governing the UK’s DNA databases – particularly the practice of keeping the DNA profiles of thousands of people who have neither been charged nor convicted.

In S and Marper v UK 30562/04 [2008] ECHR 1581 (4 December 2008), the applicants complained that their fingerprints, cellular samples and DNA profiles had been retained by the police, pursuant to section 64 (1A) of the Police and Criminal Evidence Act 1984, notwithstanding that proceedings against them had ended with an acquittal or had been discontinued.…

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The elements of academic freedom

12 August, 200912 August, 2009
| 3 Comments
| Academic Freedom, Freedom of Expression, Universities

Times Higher masthead, via their site.As universities grapple with reducing budgets, their autonomy from government comes increasingly under scrutiny, and traditional academic values such as academic freedom come under threat. As a consequence, a recent story in Times Higher Education concerning a recent attempt to define academic freedom in detail, makes for fascinating reading (with added links):

What is freedom? Choosing your v-c

By Rebecca Attwood

Proposal is key part of plan for European ‘Magna Charta’ on scholars’ rights.

Academics would be given the right to appoint their own vice-chancellors under plans for a Europe-wide definition of academic freedom. The proposals have been tabled by Terence Karran, a senior academic in the Centre for Educational Research and Development at the University of Lincoln …

One of the cornerstones of the proposals is the need for academic self-governance. Setting out his plans in the journal Higher Education Policy, Dr Karran says: “To guarantee academic freedom, academic staff must … be able to determine who shall serve as rector. … Where possible, the rector should be appointed from within the university by a democratic process with the support of the majority of academic staff. … Where the appointment is external … academic staff should have the major role in determining (it).”

…

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Perspectives on Academic Freedom

26 June, 200927 June, 2009
| 5 Comments
| Academic Freedom, Freedom of Expression, Universities

ACTA Report cover, via their siteOne of my favourite blogs is Erin O’Connor’s Critical Mass, a blog dedicated to commentary on the state of academe in general and American higher education in particular. She is invariably interesting and unfailingly provocative, if not always right; and her discussions of academic freedom in all its guises have helped to clarify what I think about such matters. Last week, she blogged about a new report from the American Council of Trustees and Alumni (ACTA, where she is a Research Fellow) on Protecting the Free Exchange of Ideas. How Trustees Can Advance Intellectual Diversity on Campus (pdf); its abstract:

This report features ten best practices, gleaned from colleges and universities across the country, for promoting the free exchange of ideas in and out of the classroom. Since intellectual diversity is at the core of any true university education, the report commends institutions that have taken action, urges them to keep at it, and exhorts other boards to play their proper leadership role–working, of course, with administrators, faculty, alumni, and donors–in guaranteeing and enriching the intellectual environment on campus.

The ten principles discussed in detail in the report are

  1. Survey the campus climate.
  2. Incorporate intellectual diversity into institutional statements and policies.
…

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Freedom of Expression and Academic Freedom

28 November, 200722 June, 2009
| 2 Comments
| Academic Freedom, Freedom of Expression, Universities

Smolla lecture poster via WLU website.A little while ago, Brian Tamanaha on Balkinization raised the question of what is the right response where professors insult in class; his post began as follows [with some added links]:

The November issue of National Jurist has an article about a recent spate of law professors getting into trouble for comments inside or outside of the classroom that apparently offended students. According to the article, a Wisconsin professor made comments about Hmong men [IHT] in the context of discussing cultural practices that might be invoked as a defense against criminal charges. A Quinnipiac professor sent an email to students on his distribution list that “derided� them “for their concepts of how poor people and ethnic minorities are represented within the American legal system� [Quinnipiac Chronicle]. A John Marshall professor was reprimanded for asking a Jewish student “whether his religious training contributed to Jews passing the bar at higher rates than African Americans� [De Paul]. The article did not mention the most recent example of such controversy, involving a professor at Connecticut who showed a film in class, pausing at a scene that offended a few of the students [Law.com].

I was reminded of this as I listened last night to Dean Rod Smolla‘s Inaugural Lecture at WLU (poster above) on

Freedom of Expression and Religion on the Modern Campus: Academic Freedom at Public and private Universities

His basic theme was that First Amendment doctrine is capable of explaining and guiding the development of the principles of academic freedom in the modern American university.…

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Hi there! Thanks for dropping by. I’m Eoin O’Dell, and this is my blog: Cearta.ie – the Irish for rights.


“Cearta” really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.


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